Voluntary Consent in Legal Settings

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According to the text, when determining the validity of third-party consent, the focus is on whether the third party has common authority over or other sufficient relationship to the premises or effects sought to be inspected.

True (correct)

False

According to the text, the concept of third-party consent is based on the law of property.

True

False (correct)

According to the text, the Government must demonstrate that the third-party consent was given freely and voluntarily.

True (correct)

False

According to the text, when can a search be conducted without a warrant and without probable cause?

When there is a valid consent Signup and view all the answers

According to the text, what is one of the specifically established exceptions to the requirements of both a warrant or probable cause?

A search conducted pursuant to consent Signup and view all the answers

According to the text, why is it unreasonable to require police officers to obtain a warrant when the sole owner or occupant of a house or apartment voluntarily consents to a search?

The owner of a home has a right to allow others to enter and examine the premises Signup and view all the answers

Which of the following statements is true regarding consent to a search?

Consenting to a search means giving up the right to be free from unreasonable searches and seizures. Signup and view all the answers

Which factor may suggest that consent to a search was coerced?

The presence of abusive, overbearing, or dictatorial police procedures. Signup and view all the answers

What must the prosecution prove in order for a consent to search to be deemed effective in Texas?

The consent was freely and voluntarily given by clear and convincing evidence. Signup and view all the answers

What is the burden of proof regarding the voluntariness of a consent to search in Texas?

The burden of proof rests with the prosecution. Signup and view all the answers

Which of the following factors suggests that consent was voluntarily given in a police-citizen encounter?

The consenting party signed a 'consent-to-search' form prior to the search. Signup and view all the answers

Which of the following is true about implied consent to search?

Implied consent can be found based on the person's responses to police inquiry. Signup and view all the answers

Can a valid consent to search be obtained from a third party?

Yes, a valid consent can be obtained from a third party if they have the authority to bind the accused. Signup and view all the answers

Which of the following is not a factor suggesting that consent was voluntarily given?

The consenting party admitted guilt before giving consent. Signup and view all the answers

Voluntary Consent in Legal Settings

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